ANANTHAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have sought to quash the Criminal proceeding initiated against them in C.C.No.823/2013 for the alleged offence punishable under Section 304-A of the Indian Penal Code.

(2.) Petitioners were the Directors of M/s Biligiri Granites Pvt. Ltd. involved in the process of cutting and polishing granites. A complaint was lodged against the petitioners on 20.11.2012 by one Ramesh Kumar, alleging that on 19.11.2012, a worker by name Thansuk ram, who was working in the night shift at M/s Biligiri Granites Pvt. Ltd. met with an accident at 1.00 a.m. and succumbed to injuries around 3.45 a.m. and died. Based on this complaint, FIR was registered against the petitioners in Crime No.240/2012 and after investigation, charge sheet was laid for the offence under Section 304-A of the Indian Penal Code and the learned Magistrate took cognizance of the said offence and issued summons to the petitioners in C.C.No.823/2013. Aggrieved by the said action, the petitioners have invoked jurisdiction of this Court under Section 482 of Cr.P.C. seeking to quash the said proceedings.

(3.) The contention of the petitioners is that the alleged accident did not take place in their factory premises. In respect of the same accident, the Assistant Director of Mysore Division has filed a complaint against the petitioners in C.C.No.167/2013 and hence, the proceedings initiated against the petitioners for the same offence in C.C.No.823/2013 at the instance of respondent-police is illegal, untenable and abuse of process of Court and thus, petitioners have sought to quash the said proceedings.